How much can I ask for in a aggravated assault case?

Question

I got assaulted by someone and my car insurance company sent to assist with car trouble (third party).  There was a witness and a police report stating aggravated assault.  I have already pressed charged on the guy. I had to miss 4days of work and the medical bills are piling up.  I had to get stitches and have a huge scare on my head. I was lucky he did not kill me that's how bad it was. Can you please tell me what I can sue for? or if I settle for what and how much roughly? I was reading and some say for punitive damages! I was thinking:pain and suffering, loss wages and medical bills.

Paul Whitfield · Answer

You can sue for all those things and sue for the moon (all you can get) The problem is one cant buy insurance for assaults, so if you win, how will the bill be paid? The criminal court judge has the power to order him to pay your bills and wage loss as a condition of probation . You might ask the DA about this.

Jared Altman · Answer

You are entitled to all of that. But how much you case is worth is very specific to your exact circumstances: how badly hurt, how big and where is the scar, how much are your medical bills and lost wages, in what County can you bring your case, how much money does the defendant have, etc. Don't forget that you only have a one year statute of limitations. Hire a lawyer right away.

Gregory Casale · Answer

If you have a case like the one that you describe you should absolutely have an attorney representing you directly. There are far too many fact specific issues that change the answers for anyone to give you sensible advice online from that limited information that you are and should supply. Hire an attorney. The only take a percentage of what they get for you. You will likely do far better with an attorney, even after he/she takes their percentage that going in on your own.

Josh Lamborn · Answer

Every personal injury case is dependent on the individual facts of the case. Without knowing exactly what your injuries are I cannot tell you how much you should sue for or what a jury would likely award.  You will want to wait until you are medically stationary before you initiate a civil case.  If you don't know the extent of your injuries, how do you know how much money will compensate you for them?  Do you know if the scar is permanent?  Are you going to have to have physical therapy?  One of the most important parts of a civil case is the plaintiff  him or herself.  Are you articulate and someone that a jury would like and believe or are you someone with a criminal record who would not present well at trial.  In a case like yours I would want to know what lead to the altercation, under any version of the story did you incite this person to assault you?  How believable is the defendant?  Also, whenever there is a criminal case it is usually preferable to wait until the criminal case is adjudicated before initiating a civil case.  One of the reasons for this is that the criminal defense attorney can use your civil case against you as a witness by suggesting that you are being less than truthful in your testimony because you are seeking money from the defendant. Be careful not to wait too long though.  Be sure that you file a lawsuit or settle your case prior to the statute of limitations (which is 2 years on a personal injury case in Oregon).

Kevin Habberfield · Answer

Sorry to hear about your situation. That's a very tough scenario. First of all, there will be no insurance coverage, unless you get lucky, because you were injured as the result of an intentional criminal act, not negligence. One thing  you can do is ask for restitution as part of his criminal sentence. This should get your medical bills paid and possible your wages. Anything you can put a specific dollar amount on you can request the defendant repay you. There is also a service called the Crime Victims Board through New York State that will help you do this. Google them, they are free.  As far as suit, you can make a claim for medical bills/lost wages (assuming you don't recover them in the criminal part), pain and suffering, disfigurement (the scar, if any), loss of enjoyment of life and quite possibly punitives as well. Unfortunately, there will be no insurance to pay for these things and you'll have to get the money directly from the defendant.  I hope this person has assets because if he doesn't, you would likely never recover from him (you can't get blood from a stone). Either way, you should get the judgment anyway in case he wins the lottery and keep renewing it every 10 years as interest runs. If I were you, I'd look for another potential defendant such as his employer (if he was working when this happened) to claim negligent hiring and retention. This will get you insurance coverage which will make collecting much easier.  As far as settlement goes, no attorney worth their salt can answer that with the information you have given. There are just too many variables. You should seek a personal injury attorney in your area to help you with the above as well as the valuation. Also, move quickly to avoid this person transferring assets and to make sure you are well inside the 1 year statute of limitations for an intentional act.  Good luck.

Steven A. Schwartz · Answer

You are entitled to make a claim for all that you have lost.  There are tangible losses, that is, those that can be calculated - lost wages, medical bills, and any other out of pocket expenses you may have incurred.  Then there are the intangibles, like pain and suffering.  I can't really quantify that for you because I don't know any details about your injuries or length of suffering.  One thing to keep in mind - because this is an intentional act, insurance does not cover this.  You would be going after the perpetrator personally and trying to go after any assets he may have... not an easy thing to do.  Best of luck.

Bernard Huff · Answer

Retain and/or consult with a local plaintiff's personal injury attorney who could familiarize you with andobtain complete relief for you.

Andrew Velonis · Answer

Every case is different, every situation is unique.  In order to properly evaluate a case, one must take in to account the credibility of the witnesses, the personal qualities of the plaintiff and of the defendant, the different versions of the events, and the venue of the case.  There is no formula to apply.  You need an experienced lawyer to properly evaluate your case.

David Stoddard · Answer

First, you need to know whether there is any insurance coverage for this event, or if the guy has any assets from which you could recover a judgment. If there is neither, it won't matter what you ask for, you probably will not collect.   It is impossible to know what to ask for without knowing more about your case, such as, were you in any way at fault in instigating the fight (this would make punitive damages harder to collect). Are any injuries permanent?  If so, you could ask for more for punitive damages.  All I can say is, you should ask for the cost of your medical bills, lost wages, and whatever you think is fair for pain and suffering.  Possibly some extra for punitive damage.

Lyle Masnikoff · Answer

You should hire a personal injury attorney to male sure you get what you deserve

Francis Paul Hajek · Answer

There is no limit to the damages that can be requested in an aggravated assault case.  Damages are only limited by the funds available to pay an award or settlement.  Practically, there is often no insurance available and the assault perpetrator has no funds.  In your personal injury case, an experience injury attorney can help you determine if there are some assets or insurance available.  If I read your question correctly, the person who assaulted you was from your car insurance company.  The company may have some liability and it certainly has assets.  Good Luck.

Vincent Bernabei · Answer

You have a valuable claim but without the details of the extent of your injuries, the amount of medical bills and the lost income, it is hard to say how much your claim is worth.

Thomas Patton · Answer

You can sue for substantial damages, but can they get paid? Does the individual have assets? Normally, people sue for damages when there is negligence involved, and an insurance company will pay the claim.  When an act is intentional, such as an assault, it might be better to speak to the prosecutor about trying to obtain money (in criminal court, it's called restitution) as part of the criminal judgment.

Everett Walton · Answer

You are correct as to the items you can sue for. The value of your case depends on a lot of things such as your medical expenses, wage loss and, nature, extent and duration of your injuries. Only an attorney can properly evaluate your claims.

Timothy Klisz · Answer

There are no punitive damages in Michigan.  You are correct in the other  damages.  It sounds like a very unique fact scenario and I would like to  discuss it with you.

William Allen · Answer

Aggravated battery is by definition conduct that could justify punitive damages, but you'd still have to have a source to collect from and that's the problem.  You can sue him for all the damages you have...pain and suffering, medical expenses, lost wages, etc.

Emily Terriquez · Answer

Under Oregon law, you would be entitled to request all of your damages, including medical bills, lost wages, and noneconomic damages (such as pain and suffering). You may be able to claim punitive damages as well, but it would depend on the specific circumstances. In addition, much of what you are able to recover will depend on whether the individual who assaulted you is able to pay. If the individual does not have any assets, even if you get a huge jury award, you won't actually see anything in your pocket. The amount you are able to recover (assuming there are assets) is based on the extent of your injuries.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

James Kelaher · Answer

See an attorney and get him (or her) to represent you. In an intentional tort like a battery, you can get punitive damages, but that's way beyond what you're able to do on your own. I can't really answer the question without knowing your medical bills, your wage loss, how big a scar you have, its location, what it looks like, etc. If you see an attorney there is a possibility that your medical bills might be able to be paid by your PIP insurance on your car.....just go see an attorney.

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How much can I ask for in a aggravated assault case?

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